Can you get away with, or how do you say the following in an appellant’s opening brief nicely: “Respectfully, the lower court’s opinion, save the caption and signature block, is a rant expected of an opposing party and devoid of the totality of the evidence as dictated by (string cite)?” The opinion grossly misstates the facts of the case.

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“… devoid of the totality of the evidence as dictated by (string cite)” is nonsensical. Just say it misapplied or failed to apply binding precedent and/or erred by ignored certain evidence, and cite your sources.

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^

My immediate assumption when I see language like this is that the brief is relying primarily on bluster and not actually anything substantive. Let your argument speak for its own strength

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Yup. When I see language like the above I roll my eyes

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Nah. Judges don’t like that. Just state what the lower court did wrong. “Misstates the facts of the case” and then list out what and why that’s wrong.

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Generally yes. But depending on the panel you draw and the slant of the lower court, this might be persuasive

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Judges generally don’t appreciate that kind of rhetoric aimed at other judges. Also, there’s nothing “respectful” about the remainder of that sentence, so it makes it even more disrespectful. Would write something more like “respectfully, the lower court’s opinion misstated the facts, and misapplied the standard set by (cite) as a result.”

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Show don’t tell. No one is persuaded by an advocate’s characterization.

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Probably not? It could be: “Respectfully, the lower court misapplied precedent by not citing “(string cite)”.”

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